* Indicates confirmed participants
Co-hosted - WIPO
CoWI : ITU - WIPO Symposium on Dispute Resolution at the Crossroads of Information and
Communications Technologies and Intellectual Property
Thursday, 08 October 2009, : - :, Room A
Overview
On Thursday, October 8, 2009, the International Telecommunications Union (ITU) and the WIPO
Arbitration and Mediation Center (WIPO Center) will co-host a symposium on Dispute Resolution at the
Crossroads of Information and Communications Technologies and Intellectual Property in Geneva,
Switzerland.
The nexus between the world of intellectual property and information and communications technologies
(ICT) is tightening. Accelerating advances in technology are placing patent licensing at the forefront of ICT
development. Software copyright issues are central to the increasing importance of applications in the world
of Internet Protocol, interconnected providers, next generation networks, the open source movement and
now cloud computing. The widespread availability of all forms of media on the Internet is raising numerous
issues around management of digital copyright. These developments and the multi-jurisdictional nature of
telecommunications, particularly the Internet, are making international dispute resolution increasingly
important to the ICT sector.
The ITU has a long standing interest in dispute resolution in the ICT sector. It has published books and
papers on developments in dispute resolution, carried out case studies and provided training courses on
dispute resolution and engaged in numerous related activities.
The WIPO Center offers alternative dispute resolution options for the resolution of international
commercial disputes between private parties. Its procedures are widely recognized as particularly
appropriate for a variety of technology and communications related disputes. A growing number of ICT
disputes are being referred to the Center for resolution through mediation, arbitration or expert
determination.
Purpose
The purpose of this symposium is to bring together leading professionals in the ICT and digital copyright
sectors to discuss these trends, evaluate the kinds of disputes that are arising and are likely to arise in the
future, and assess the merits of the various options available for resolving them.
The symposium will integrate perspectives from speakers with experience at the frontline of these issues,
including Google, Nokia and British Telecom and leading lawyers in the field dealing with the architecture
and policies behind telecommunications services and networks and provoke discussion on these fields.
CoWI.1 : ITU - WIPO Symposium on Dispute Resolution at the Crossroads of Information and
Communications Technologies and Intellectual Property
Thursday, 08 October 2009, 09:00 - 10:30, Room A
Session 1 of 4: Introduction - ICTs and Intellectual Property in a Creative, Contentious Environment
The ICT sector of today and tomorrow is increasingly characterized by changing paradigms brought about
largely by the introduction of disruptive technologies and challenging business models. These changes have
already resulted in new challenges to the intellectual property dimension in the form of disputes over patent,
copyright and trademark in the ICT sector. In turn, these changes demand new and innovative public policy
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directions in the areas of network investment, competition in services and ever-newer media.
Panellists
* Mr Rory Macmillan, Macmillan Keck, Attorneys & Solicitors, Switzerland
* Mr Christian Bovet, Vice President Swiss Federal Communications Commission ComCom, and Professor,
University of Geneva, Switzerland
* Mr Gordon Moir, General Counsel, BT Retail, United Kingdom
* Mr Andrew Sharpe, Charles Russell, United Kingdom
CoWI.2 : ITU - WIPO Symposium on Dispute Resolution at the Crossroads of Information and
Communications Technologies and Intellectual Property
Thursday, 08 October 2009, 11:00 - 12:30, Room A
Session 2 of 4: Infrastructure, Devices, Technology - Ownership and Openness
Ownership and access to infrastructure, devices and technology are and will continue to be contentious
issues in the ICT sector. Issues in contention range across physical and logical networks, encompassing
areas such as interoperability, interconnection and access to facilities and services, and the development of
open networks. Patent and IT licensing practices in the area of network architecture further add to the level
of complexity. Any effort to unravel these issues also requires an unbundling of the value chain, involving a
consideration of outsourcing and partnering in infrastructure, network operation, and maintenance and
services.
Panellists
* Mr Richard Keck, Macmillan Keck, Attorneys & Solicitors, United States
* Mr Richard Vary, Senior IPR Litigation Counsel, Nokia, Finland
* Mr Malcolm Webb, Partner, MGF Webb, New Zealand
CoWI.3 : ITU - WIPO Symposium on Dispute Resolution at the Crossroads of Information and
Communications Technologies and Intellectual Property
Thursday, 08 October 2009, 14:30 - 16:00, Room A
Session 3 of 4: Content and Copyright in the Global Networked Environment
From plain text to video, content will be the revenue driver of services such as ICT digital broadcasting and
the delivery of online music and audiovisual content. As a result, issues and entities such as multi-territorial
licensing, rights-owner platforms and collective management organizations will play an increasing
prominent role in this environment. Navigating this new environment involves walking a fine line that will
require balanced intermediation in the networked environment, which takes into account the evolving role
of search engines, ISPs, social networks and P2P sharing.
Panellists
* Mr Yoram Elkaim, Head of Legal, Southern & Eastern Europe, Middle East and Africa, Google, United
States
* Mr Richard Owens, Director, Copyright E-Commerce, Technology and Management Division, World
Intellectual Property Organization , WIPO
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* Mr Peter Leathem, Executive Director, Phonograhic Performance Ltd., United Kingdom
CoWI.4 : ITU - WIPO Symposium on Dispute Resolution at the Crossroads of Information and
Communications Technologies and Intellectual Property.
Thursday, 08 October 2009, 16:30 - 18:00, Room A
Session 4 of 4: Dispute Prevention and Resolution at the Intersection of ICTs and IPRs
In today's rapidly evolving ICT and IPR environment, there is a risk that policy will trail reality. As such,
new approaches need to be found to cope with gaps and unresolved issues. As part of this approach, new
processes for anticipating, preventing and resolving tensions and crises need to be developed. Such process
could involve the creation of stakeholder platforms, the drafting of charters and agreements (e.g.
User-generated Content of UGC principles) and the increased use of mediation and arbitration in the
telecommunications and audiovisual sectors.
Panellists
* Mr Trevor Cook, Partner, Bird & Bird, United Kingdom
* Mr Ignacio de Castro, Deputy Director , World Intellectual Property Organization , WIPO
* Mr Pierre-Yves Gunter, Partner, Python & Peter, Switzerland
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